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Texas Court Halts Implementation of New Overtime Regulations

Posted By Unemployment Services Trust (UST), Wednesday, December 7, 2016

On May 23, 2016, the Department of Labor (DOL) issued updated regulations regarding the white collar exemptions to the Fair Labor Standards Act (FLSA) overtime requirements. The updated regulations, which were originally scheduled to take effect on December 1, 2016, would more than double the minimum salary requirement from $23,660 to $47,476 for certain executive, administrative, and professional employees in order to be exempt from overtime.

This past September a group of 21 states, led by Texas and Nevada, filed a lawsuit in the U.S. District Court for the Eastern District of Texas challenging the updated regulations, arguing that the DOL did not have the authority to require that employers offer overtime to workers who earn below a certain amount. This suit was consolidated with another suit brought by the U.S. Chamber of Commerce and other business groups also challenging the regulations.

On November 22, 2016, U.S. District Court Judge Amos Mazzant granted an Emergency Motion for Preliminary Injunction, which had been filed by the plaintiff states. The preliminary injunction blocks the DOL from implementing and enforcing the new regulations. Employers should note that this is only a temporary injunction, not a permanent one. The injunction applies nationwide and simply prevents the regulations from going into effect on December 1.

Once again, as this is a preliminary injunction, Judge Mazzant will be making a final decision on the actual merits of the case in the near future. If the decision goes against the DOL, we expect them to appeal to the U.S. Court of Appeals for the Fifth Circuit, so it’s likely that employers and regulators will be revisiting the regulations in the future.

Impact on Employers

For many employers, this is a welcome, albeit temporary reprieve. As a result, employers that have not made the necessary changes to their compensation plans have more time to plan for the changes in the event the regulations are upheld. Employers should not assume that the overtime rule is permanently cancelled.

  • Those employers that have already made changes to their compensation plans and have communicated those changes to their employees will most likely choose to leave those changes in place.
  • Employers that were struggling with making changes by either reclassifying employees to nonexempt overtime-eligible status or raising compensation to the proposed threshold in order to maintain exemption should consider to weigh their options pending future legal developments.
  • Employers that are considering rolling back any changes previously communicated should carefully review the potential employee relations issues that the change in direction may cause.

These decisions should be made in accordance with any applicable state or local laws. Employers should consult their employment attorney to determine what course of action is best for them.

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Cajun Santa Christmas Wants to Help You This Holiday Season!

Posted By Tasha L. Cooper, Louisiana Association of Nonprofit Organizations, Tuesday, December 6, 2016

Cajun Santa Christmas is a collective of campaigns put on by local nonprofits designed to aid flood victims over the holidays.  If any of the nonprofits within LANO are driving a campaign through the holiday season that benefits flood victims in some way, from sheet rock to electric blankets to gifts for children, we invite them to add their campaign to our page. Please visit the link below for additional information.

 

http://www.cajunrelief.com/campaigns/cajunsantachristmas/

 

Please contact Melissa Adair with the Cajun Relief Foundation at melissa.adair@gaudet.media.

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Register Now! December 8th Webinar with Retention Fundraising Expert

Posted By Amy Warner, CausePlanet, Tuesday, December 6, 2016

 

 

Last Chance to Register: Keep your donors while you can

 

Why let one more hard-won donor leak through the bucket when instead, she could be a lifetime supporter of your organization? Building good relationships is essential to retaining donors but knowing how isn’t always easy.

Thanks to a study of more than 250 organizations, Craver and his collaborators have introduced a framework for boosting retention and the lifetime value of donors. He addresses the fundraiser’s focus on what matters most to donors, how to respond efficiently to them and how to overthrow retention barriers.

From what drives donors to stay to what prompts them to leave, Craver makes it impossible to look the other way on retention--and your nonprofit will be better for it.

 

Webinar with Roger Craver

 

Join CausePlanet founder Denise McMahan and Roger Craver Thursday, December 8, at 11:00 Central Time for a webinar interview at your desk.

 

Craver will touch on the following topics:

 

               Why retention is important

               Why donors leave

               How to measure retention

               7 key drivers of donor commitment

               Barriers to retention

               Easy retention wins

 

Register

 

Register now for this FREE interview for all LANO members. (The link requires LANO network sign-in to register.)

 

See more

 

See more with the Page to Practicesummary of Craver’s book:

·      Simply log in at the top right corner of CausePlanet’s home page (www.causeplanet.org) and fill in your registered email with LANO and “Password1”.

·      Click on “Summary Library” to see Retention Fundraising and more titles.

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5 Things You May Not Know About Form 990

Posted By Don Engler, Wegmann Dazet & Company, Friday, December 2, 2016

With over 300 pages of instructions and 300 possible questions to answer, the IRS Form 990, Return of Organization Exempt From Income Tax is a complex and extensive form. It is filed annually by most exempt organizations, including charities. Here are five things you may not know or may have forgotten about Form 990:   

  1. It is a misnomer to call Form 990 an “income tax return.” There is no income tax calculation in the core Form 990 or within any of the accompanying schedules. The fact that it is not an income tax return becomes very important when attempting to apply the Internal Revenue Code to the filing of Form 990. Generally, where the Internal Revenue Code and the related regulations only reference an “income tax return,” the code or regulation in question will not normally apply to Form 990. It is very important, however, to remember that organizations subject to unrelated business income taxes (UBIT) file a separate Form 990-T, Exempt Organization Business Income Tax Return, which can be subject to the Internal Revenue Code and the regulations related to the filing of an income tax return.
  2. There are 16 possible schedules that can be attached to the core Form 990. These schedules run the gamut from Schedule A, which is a required attachment for all Section 501(c)(3) organizations, to Schedule R that reports related entities, certain transactions with related entities, as well as certain unrelated partnerships. There is a schedule for foreign activities as well as for hospitals (Schedules F and H, respectively). There is, however, only one schedule that must be attached to every Form 990 that is filed: Schedule O, which is used to report required and supplemental information to the form.
  3.  Some organizations get tripped up on reporting of lobbying expenses. Lobbying expenses are those amounts paid for activities intended to influence legislation, be it foreign, national, state or local. The IRS makes the distinction between direct lobbying and grassroots lobbying. Direct lobbying applies to instances in which organizations attempt to influence legislators. Grassroots lobbying is when the organization attempts to influence legislation through influencing the general public, such as urging supporters to contact legislators with a position on specific legislation. Lobbying expenditures are reported within the Statement of Functional Expenses on Line 11d on the core form. However, not all lobbying expenditures are to be reported on this line. Salaries paid to an employee of the filing where the employee is engaged in lobbying is not to be reported on 11d.  Section 501(c) organizations and Section 527 organizations are subject to limitations on lobbying and use Schedule C to furnish additional information.
  4. Your organization is being watched. Form 990 is heavily scrutinized, not only by the IRS, but also by state regulatory entities that use it to investigate exempt organizations operating in their states. In over 40 states, Form 990 is filed as part of the charitable fundraising registration process. In addition, the form is made widely available and used by charitable rating agencies. Readers have various motives for looking at the form, so it is important to look at it with an eye toward how all potential readers will react to the information being presented.
  5. In many instances, you cannot just check a box and be done. It is vital to read the instructions carefully. To give just one example, consider Section B of Part VII of Form 990, in which organizations report the five highest compensated independent contractors. The compensation to report is not limited to those contractors receiving a Form 1099 from the filing organization. You must report in Section B the top five that were paid more than $100,000 for services (not purchases of tangible personal property or rental or real property) rendered to the organization regardless of the need to prepare a Form 1099 for the service provider. The measurement date for the $100,000 is for the year ending within the year being filed. In other words, a June 30, 2016 fiscal year-end organization should look to the payments for services made during the year ending Dec. 31, 2015.

 

- See more at: http://blog.aicpa.org/2016/12/5-things-you-may-not-know-about-irs-form-990.html#sthash.ToJ8mQfo.dpuf

Tags:  990  IRS 

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Changes to Out-of-State Sales & Use Taxes

Posted By Faulk & Winkler, Monday, November 28, 2016

Louisiana law requires that you report out-of-state purchases on your Louisiana income tax for collecting sales tax. This is referred to as Use Tax. Effective July 1, 2017, Louisiana will require that a "remote retailer" or "dealer" who is not otherwise required to collect tax from Louisiana customers to provide a list of the names and addresses of any Louisiana customer whose purchases exceed $250 during a year. This new reporting requirement only applies to dealers who have sales of at least $50,000 in Louisiana during the year (including affiliates). This will apply to large online retailers like Amazon.

 

The seller must provide each applicable purchaser with an annual statement recapping total purchases in a year by Jan. 31 of the following year. This communication may be through email. By March 1 the seller must provide a list of the names and addresses of the applicable purchasers to the state. The list will only contain totals and will not be itemized in any way (i.e.: the state will not know what you purchased, just the total amount).

 

Although commonly ignored, Use Tax is not a new tax. This new reporting requirement is designed to increase collection efforts for the state by providing information on the amount purchased from out-of-state vendors where sales tax was not collected. However, some retailers may contest this law in court and how the state plans to enforce it remains an open question.

 

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Register Now! Webinar with Fundraising Retention Expert on Dec 8

Posted By Denise McMahan, CausePlanet, Monday, November 28, 2016

 

 

Why let one more hard-won donor leak through the bucket when instead, she could be a lifetime supporter of your organization? Building good relationships is essential to retaining donors but knowing how isn’t always easy.

 

Thanks to a study of more than 250 organizations, Craver and his collaborators have introduced a framework for boosting retention and the lifetime value of donors. He addresses the fundraiser’s focus on what matters most to donors, how to respond efficiently to them and how to overthrow retention barriers.

 

From what drives donors to stay to what prompts them to leave, Craver makes it impossible to look the other way on retention--and your nonprofit will be better for it.

 

Webinar with Retention Expert and Author Roger Craver

 

Join CausePlanet founder Denise McMahan and Roger Craver Thursday, December 8, at 11:00 Central Time for a webinar interview at your desk.

 

Craver will touch on the following topics:

 

   Why retention is important

   Why donors leave

   How to measure retention

   7 key drivers of donor commitment

   Barriers to retention

   Easy retention wins

 

Register

 

Register now for this FREE interview for all LANO members. (The link requires LANO network sign-in to register.) Or you can cut and paste this link: https://cc.readytalk.com/r/rpi0dh1w6i43&eom

 

See more with the Page to Practicesummary of Craver’s book:

 

· Simply log in at the top right corner of CausePlanet’s home page (www.causeplanet.org) and fill in your registered email with LANO and “Password1”.

 

· Click on “Summary Library” to see Retention Fundraising and more titles.

 

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Fundraising workshop: Grantwriting for Beginners

Posted By Nora Ellertsen, The Funding Seed, LLC, Monday, November 28, 2016

Grantwriting for Beginners
Tuesday, December 13, 9:00 a.m. - 12:00 p.m.
Ashe Cultural Arts Center
1712 Oretha Castle Haley Blvd., New Orleans
Details and registration

 

Are you involved with a nonprofit?  
Does your job require you to raise funds for your department or position?  
Do you want to add a valuable skill to your resume? 

Consider grantwriting!

Grantwriting for Beginners is an engaging workshop that gives you the basic tools you need to start writing grants.  Participants will learn how to find funding opportunities, tools and tips for writing proposals and ways to make a program competitive for repeat funding.


Attendees will receive a certificate of participation after completing the workshop.


Registration $40 per person.  Discounts available for students, AmeriCorps members and organizations registering two or more people.


For more on workshops and other services from The Funding Seed, visit www.thefundingseed.com.  Email info@thefundingseed.com to inquire about discount codes or to reserve your space and pay at the door.

Tags:  development  fund  fund development  fund raising  funding  Fundraising  funds  grant  grant writing  grants  grantwriting  louisiana  Member Event  New Orleans  nonprofit  nonprofit sector  non-profits  sustainability  training  workshop  workshop. grants 

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Breaking News - Texas Federal District Judge blocks Obama overtime rule

Posted By Tasha L. Cooper, Louisiana Association of Nonprofit Organizations, Wednesday, November 23, 2016

Late on Tuesday, a federal district judge in Texas issued a preliminary injunction blocking implementation of the Overtime Final Rule, ruling that the U.S. Department of Labor exceeded its authority. Barring a last-minute appeal, the overtime rule will not go into effect as scheduled on December 1 because of this decision.

 

At issue is the question of which employees qualify for an exemption from the requirement under the federal Fair Labor Standards Act (FLSA) that most employees are entitled to time and a half overtime pay for work in excess of 40 hours in a week. The FLSA exempts from the overtime requirement “any employee employed in a bona fide executive, administrative, or professional capacity,” often called the EAP or “white collar” employees. Current regulations require that employees must possess the duties of executives, administrative workers, or professionals and be paid more than a minimum salary. The overtime rule published by the Labor Department in May, and set to go into effect on December 1, would have more than doubled the existing “salary level test” for exempt white collar employees from $455 per week ($23,660 per year) to $913 per week ($47,476 per year).

 

Twenty-one Governors and Attorneys General filed suit in federal court challenging the overtime rule on several grounds. Siding with the states, Federal Judge Amos Mazzant held that the white collar exemption is clearly based on the duties that individual employees perform, and that the Labor Department did not have the authority to create a different or higher standard. Specifically, he ruled: “Congress gave the Department the authority to define what type of duties qualify [for the overtime exemption] — it did not give the Department the authority to supplant the duties test and establish a salary test that causes bona fide EAP’s to suddenly lose their exemption ‘irrespective of their job duties and responsibilities.’”

 

The judge issued a nationwide preliminary injunction. The Department of Labor is expected to appeal the decision, meaning that injunction could be lifted and the overtime rule put in place in a matter of weeks or months. 

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Grants Training in Pearl River, LA - December 8-9, 2016

Posted By Tasha L. Cooper, Louisiana Association of Nonprofit Organizations, Wednesday, November 23, 2016

Tammany Parish Sheriffs Office and Grant Writing USA will present a two-day grants workshop in Pearl River, December 8-9, 2016. This training is for grant seekers across all disciplines. Attend this class and you'll learn how to find grants and write winning grant proposals.

 

Click here for full event details.

Beginning and experienced grant writers from city, county and state agencies as well as nonprofits, K-12, colleges and universities are encouraged to attend.

Multi-enrollment discounts and discounts for Grant Writing USA returning alumni are available. Tuition payment is not required at the time of enrollment.

Tuition is $455 and includes everything: two days of terrific instruction, workbook, and access to our Alumni Forum that's packed full of tools, helpful discussions and more than 200 sample grant proposals. Seating is limited, online reservations are necessary.

Complete event details including learning objectives, class location, graduate testimonials and online registration areavailable here.

 

Contacts:

Kaelee DeLisle
at Grant Writing USA
888.435.7281 toll free
kaelee@grantwritingusa.com

 

Bobby Golding
Tammany Parish Sheriff's Office
985.863.6508
robertgolding@stpso.com

More than 10,000 agencies across North America have turned to Grant Writing USA for grant writing and grant management training.

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Don’t Miss Out: Mobile and social media inspire giving to your nonprofit

Posted By Amy Warner, CausePlanet, Wednesday, November 23, 2016

Don’t Miss Out: Mobile and social media inspire giving to your nonprofit

The first text-to-give campaign was launched by United Way of America in 2008, which raised $10,000. In 2010, the response to the Haiti earthquake raised an astonishing $35 million over three weeks. Learn how to create thriving text-to-give campaigns, and fully utilize mobile capabilities. 

Making Mobile Work for You


Every piece of advice in Mobile for Good is a result of author Heather Mansfield’s own personal use of and experimentation with mobile and social media. Mansfield asserts that thriving in this realm is both an art and a science. This book will help you excel at both. Your staff must create and think like an artist while implementing online communications and use research about donor behavior in this realm.

 

Webinar with Heather Mansfield

 

Join CausePlanet founder Denise McMahan and Heather Mansfield Friday, January 27, at 11:00 Central Time at a webinar interview at your desk.

 

Mansfield will touch on the following topics:

 

    What are the benefits of adding social and mobile media to your fundraising plan? 

    How do you create and implement a social fundraising strategy?

    What are some ways to determine a social content strategy?

    How do you use mobile and social networks to distribute content?

 

Register

 

Register now for this FREE interview for all LANO members. (The link requires LANO network sign-in to register.)

 

See more

 

See more with the Page to Practicesummary of Manfield’s book:

 

·       Simply log in at the top right corner of CausePlanet’s home page (www.causeplanet.org) and fill in your registered email with LANO and “Password1”.

·       Click on “Summary Library” to see Mobile for Good  and more titles.

 

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